Access to and use of the wireless local access network service (Wi-Fi) provided by GCFC Ltd (Gold Coast Suns) at Metricon Stadium (the Stadium) is subject to these Terms of Use (Terms and Conditions).

Gold Coast Suns may at any time revise these Terms and Conditions. Since you are bound by these Terms and Conditions each time you access and use Wi-Fi, you should carefully review these Terms and Conditions each time you do so.

If you do not agree to these Terms and Conditions, you may not access or use this Wi-Fi.

For the purposes of these Terms and Conditions, any reference to “you” or “your” includes but is not limited to the owner and authorised user of the wireless enabled device used to access this Wi-Fi.

The Terms and Conditions are governed by the laws of the State of Queensland.

Connecting to the Wi-Fi

Gold Coast Suns does not warrant or represent that you will be able to access and/or use the Wi-Fi immediately or each time you seek to access Wi-Fi.

You are responsible for providing your own computer or mobile device (which must be a wireless enabled device) that is capable of accessing Wi-Fi with its own power source. Gold Coast Suns does not provide power, information technology advice or assistance to any user of the Wi-Fi. You must not use the Wi-Fi under any circumstances if you do not have express permission of the lawful owner of the wireless enabled device.

Gold Coast Suns does not guarantee that the Wi-Fi will be compatible with any devices or software which you may use to connect to the Wi-Fi.

Speed and Reliability of the Wi-Fi

The speed and throughput of the Wi-Fi will vary depending on a number of factors, including but not limited to: The capabilities of your wireless enabled device; the physical location of the wireless access points within the Stadium; Wi-Fi user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device within the Stadium whilst accessing the Wi-Fi.

Gold Coast Suns will use reasonable endeavours to provide you with a reliable, stable and secure access to the Wi-Fi but, subject to the Statutory Guarantees referred to below, does not promise that the access to the Wi-Fi will be continuous, fault-free, secure or accessible. Gold Coast Suns advises that this Wi-Fi access is not suitable for supporting any application or use which requires continuous, fault-free network connectivity or uninterrupted data traffic flow.

Gold Coast Suns will use reasonable endeavours to monitor and attend to any Wi-Fi faults, malfunctions or other problems associated with the Wi-Fi access but, subject to the Statutory Guarantees, will not be liable if such faults, malfunctions or problems occur with the Wi-Fi and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Wi-Fi at all or within any specified timeframe.

User Obligations and Limitations

The Wi-Fi is intended to be used in a fair and “community-minded” manner. To this end, Gold Coast Suns may, in its absolute and sole discretion, limit or block certain websites and/or content that you may seek to access whilst using the Wi-Fi. Without limiting its rights, Gold Coast Suns may block or limit access to websites and/or content that Gold Coast Suns considers are not “family friendly” or may bring negative exposure or harm to Gold Coast Suns’ reputation and/or brand. This includes but is not limited to websites and/or content that:

could cause Gold Coast Suns to be in breach of any law or any code or instrument which governs its conduct or to incur a liability to any third person or entity;

could interfere with the integrity and/or performance of the Wi-Fi or any of Gold Coast Suns’ other networks or equipment;

depicts, alludes to or promotes offensive or illegal behaviour;

is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

exploits people in a sexual or violent manner;

contains nudity, violence, or offensive subject matter or which may contain links to adult websites;

promotes conduct that is abusive, threatening, obscene, defamatory or libellous;

promotes an illegal or unauthorised copy of another person’s copyrighted work (including but not limited to file sharing applications such as Limewire, eDonkey, Napster or any other Bit-Torrent or peer to peer applications);

furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content.

You must comply with all directions issued by Gold Coast Suns relating to use and access to Wi-Fi.

Access to and use of websites and/or content via the Wi-Fi is also subject to such websites and/or content passing through the firewalls, anti-virus and other managed security systems prior to the Internet pages being delivered to your wireless enabled device, and which are determined and set in Gold Coast Suns’ sole discretion.

Suspension and Termination

We may immediately suspend, terminate or limit your access to the Wi-Fi if:

you are in breach of these Terms and Conditions;

you attempt to manipulate or bypass any limitations of the Wi-Fi by any means;

you behave in a vexatious, illegal, inappropriate, or unsociable manner;

we believe on reasonable grounds that there is a real risk of serious loss or damage to Gold Coast Suns or a third party if we do not suspend, terminate or limit your access;

there is an emergency; or

there is an unusually high use of Wi-Fi.

Automatic Logging Out

You may automatically be logged-out of the Wi-Fi if your access to the Wi-Fi is suspended or terminated by Gold Coast Suns in accordance with these Terms and Conditions.

If you are in the process of downloading a file and you are automatically logged-out of the Wi-Fi, your partially downloaded file will not be saved or recoverable. Subject to the Statutory Guarantees, Gold Coast Suns is not liable for loss of your files or data and recommends that you save your work regularly whilst using the Wi-Fi and/or take the necessary precautions to prevent such occurrences.

Security

The internet is an inherently unsecure communication medium. Whilst Gold Coast Suns will use reasonable endeavours to provide secure access through this Wi-Fi, it cannot guarantee the security of the Wi-Fi at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Wi-Fi and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.

Gold Coast Suns is not in any way responsible for the collection, storage, disclosure or use of your personal information by any third party (including but not limited to any website that you access and/or use through the Wi-Fi). You are solely responsible for checking the terms of use and privacy policy of each website you visit on a case by case basis and determining whether you accept such terms of use and privacy policies.

Intellectual Property

These Terms and Conditions and any pages via which you access Wi-Fi may contain material which is subject to intellectual property rights, including copyright. You acknowledge and agree that Gold Coast Suns either owns or licences all such intellectual property rights and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights to you.

To the extent necessary, Gold Coast Suns grants to you a non-exclusive, non-transferable and revocable licence to access and use the Wi-Fi and any related intellectual property rights, subject to these Terms and Conditions.

Limitation of Liability

Your use of Wi-Fi under these Terms and Conditions may be subject to certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law set out in the Competition and Consumer Act 2010 (as may be amended from time to time) which that law expressly provides may not be excluded, restricted or modified (Statutory Guarantees). Nothing in these Terms and Conditions excludes, restricts or otherwise modifies the Statutory Guarantees.

Subject to the Statutory Guarantees, your access to and use of this Wi-Fi is entirely at your own risk, Gold Coast Suns makes no warranties or representations as to the accessibility, security, stability or reliability of this Wi-Fi and Gold Coast Suns specifically disclaims any liability or responsibility for any Wi-Fi faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Wi-Fi.

Subject to the Statutory Guarantees, neither Gold Coast Suns nor any other party involved in delivering the Wi-Fi is liable for any direct, incidental, consequential, indirect, or punitive losses or any loss of profit, revenue or data arising out of your access to, or use of, or inability to use or access, the Wi-Fi for any reason whatsoever, even if Gold Coast Suns has been notified or advised of the possibility of such damages.

Gold Coast Suns assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable to you in respect of your use of any third party proprietary software.

Subject to the Statutory Guarantees, Gold Coast Suns assumes no responsibility, and shall not be liable for, any damage to, or viruses or other harmful code that may infect your computer or mobile device or other property on account of or in connection with your access to or use of the Wi-Fi.

Gold Coast Suns is not responsible for the content of any website accessed or used via the Wi-Fi. Your access to and use of any website or network connection whilst using the Wi-Fi is entirely at your own risk.

Indemnity and Release

You agree to indemnify, release and hold harmless, Gold Coast Suns and its personnel, employees, agents and representatives, from and against all loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your use of Wi-Fi or breach of these Terms and Conditions.